civility

Ethics Quote of the Month: Ken White, of Popehat

/ Jack Marshall / 2 Comments

JohnPaulJones

“Civility is not weighed equally with free speech. It is not a prerequisite of free speech. It is a value, an idea, to be tested in the marketplace of ideas with other vales. Free speech is often uncivil. Lenny Bruce was uncivil. “Have you no sense of decency, sir? At long last, have you left no sense of decency?” was uncivil. “I have not yet begun to fight” was uncivil. “I called you naughty darling because I do not like that other world” was uncivil. “Now, if it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood further with the blood of my children and with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, I submit; so let it be done!” was uncivil. The equality of all humans regardless of station has always been a deeply uncivil idea, because “civil” usually means “that which makes me comfortable.” Comfortable people paint nice watercolors but otherwise don’t accomplish much.”

—Ken White, First Amendment lawyer, wit, philosopher and blogger par excellance, in a masterful dismembering of a sinister  email about free speech sent to Berkeley students, faculty, and staff by U.C. Berkeley Chancellor Nicholas Dirks .

An equivocating, double-talking, free-speech degrading college administrator attempts to warp our nation’s values in the minds of the young, and Ken exposes the university’s censorious and timid soul for the dangerous fraud and the disgrace to intellectual freedom that it is.

As Carly Simon said once about James Bond, nobody does it better.

Unethical Quote of the Week: Cleveland Browns Rookie Johnny Manziel

/ Jack Marshall / 7 Comments

“I should have been smarter.It was a Monday Night football game so the cameras were probably solidly on me so you need to be smarter about that.”

—Rookie Cleveland Browns quarterback Johnny Manziel, aka “Johnny Football,” brushing off his raised middle finger flashed at the Washington Redskins bench during their exhibition game.

Johnny's Number One!

Johnny’s Number One!

Good luck to the Cleveland Browns, who drafted a player that earned a reputation for being a a hard partying, rules-defying jerk in college, and then watched him get his first publicity as a pro by, surprise, being a jerk. Then, true to form, Manziel chastised himself, not for behaving in an uncivil, unsportsmanlike, unprofessional fashion, but for being caught at it. And he’s supposed to be the field leader of the team.

Great role model, that kid. If he does well, I think Cleveland may have a real juvenile delinquent problem in a few years.

Stay classy, Johnny.

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Source: The Blaze

 

Judges At Work

/ Jack Marshall / 2 Comments

Supreme Court protests

In the threads here stemming from Judge Kopf’s impolite and unprofessional verbiage directed at the Supreme Court, some members of the Nebraska federal jurist’s fan club have sought to justify his incivility by asserting that the judicial system itself is “broken,” and that, more specifically, judges ought to just concern themselves with judicial errors of their lower court colleagues and eschew political controversies, such as, I must presume based on the context of the judge’s compliant, when the other branches of the government break laws and violate constitutional principles.

To say that I’m cynical about this argument understates the case.What it means, I believe, is that members of one partisan orientation believe that the system is broken as long as judges who do not share their progressive biases are in a position to rule on various controversies where judicial intervention is necessary and appropriate, but will no longer be considered “broken” once progressive-minded jurists are in a position to do the intervening, whereupon the critics like Judge Kopf will drop their objections.

The fact that the system is not “broken” and that judges are doing their jobs when called upon to protect the public from abuse of power was illustrated by two events this week: Continue reading →

Ethics Dunce: Federal Judge Richard G. Kopf

/ Jack Marshall / 82 Comments
"Oh dear...and he looks like such a NICE federal judge!"

“Oh dear…and he looks like such a NICE federal judge!”

Richard G. Kopf is a senior district court judge on the U.S. District Court for the District of Nebraska, and a blogger. He is also,I would say obviously, an Ethics Dunce. Why?

He told the U.S. Supreme Court to shut the fuck up.

He really did.

That he did this on his blog, Hercules and the Umpire, doesn’t matter. It was in print, in public, and he’s a Federal judge. The obscenity came in the context of Judge Kopf’s criticism of the recent Hobby Lobby decision, but the context doesn’t matter either. There is no context in which it would be appropriate, judicial and ethical for a member of the judiciary to tell the Supreme Court of the United States to shut the fuck up. Nor does it matter that he used the texting code stfu rather than spelling out the words.

For a Federal judge to be openly disrespectful, uncivil and abusive to the top of the nation’s judicial branch is an assault on the rule of law, and undermines public respect for our institutions. As lawyer and blogger Rich Hasen wrote, Continue reading →

More Airport Ethics: The TSA, the Bedonkadonk and the Slobs

/ Jack Marshall / 28 Comments

Badonk

I’m not sure what to make of this scene, which I witnessed at Washington’s Reagan National airport as I waited to be scanned prior to my flight to Miami. I have some thoughts, though.

The young, zaftig, fascinatingly-shaped African American woman in front of me was wearing one of tightest, most revealing, shape-hugging, leaving-nothing-to-the-imagination knit dresses I or anyone has ever seen, especially in an airport. The garb was obviously chosen to highlight, as in broadcast world-wide, her most prominent and unusual asset: an awe-inspiring derriere, which appeared to be fit, toned, and suitable for showing a drive-in movie. She was attracting side-glances and open-mouths from all around her, male, female, and probably the machinery too, and obviously reveled in the attention.

When she stepped into the imager and was told to raise her hands over her head, she giggled and did a spontaneous bump and grind move, threatening the integrity of the structure. That did it. The young African-American male TSA agent was launched into smiles, winks, and a stream of comments on the women’s super-structure, along the lines of, “Damn, girl! Don’t go distracting me like that! How am I supposed to do my job? And man, I am distracted! Why, some big old terrorist could walk right by me while I’m taking you in, and then where would we be?” Laughs all around from the other agents, giggles and more gyrations from the woman, more banter from her admirer. Continue reading →

#!@&! Ethics Dunce and Incompetent Elected Official of the Month: L.A. Mayor Eric Garcetti

/ Jack Marshall / 4 Comments
"Stay classy, Los Angeles!"

“Stay classy, Los Angeles!”

Let me see: What epic event would justify an elected leader, public figure and inherent role model intentionally doing his best to undermine beleaguered efforts by parents, teachers, employers, Federal regulators and ethics blog authors to protect the vital cultural values of civility and respect from the onslaught of the boorish, inconsiderate and inarticulate who would make obscenity part of everyday discourse?

World peace? Curing cancer? Ending poverty? Nah. The occurrence so significant that Los Angeles’s mayor thinks it justifies his use of the vague and slovenly adjective “fucking” in a planned statement is  the L.A. Kings’ Stanley Cup victory. You know…pro hockey? Where they bat that little rubber thing around the ice?

Occasionally, public figures like Joe Biden (but he has…well, you know…issues) have accidentally tossed f-bombs into unwilling ears canals, but never before has an elected official set out to do so. It is irresponsible, and demonstrates how America is increasingly electing children to high office. If the Mayor of L.A. thinks that a hockey game victory provides a sufficient pass to issue officially sanctioned vulgarity to America, what chance do parents and teachers have when they try to instill manners—that is, routine respect for those we interact with— into their young charges? Answer: less of a chance than they had before Mayor Garcetti opened his smug, pandering, dirty mouth. Continue reading →

The Pazuzu Defense For A School Board President Who Called A Parent “Chubby-Wubby”

/ Jack Marshall / 5 Comments
Exorcist IV: Pazuzu And The School Board

Exorcist IV: Pazuzu And The School Board

In the “funny but wrong” category:

Raymond Cote resigned as the head of the Mahopac Board of Education in the Putnam County school district (in upstate New York) after an open microphone at a meeting caused him to be overheard saying, “Oh I know, I know. This one here, ‘Chubby wubby.’ She gets fatter and fatter at every meeting. She really does!”

This isn’t political correctness. This is a leader demonstrating contempt and lack of respect for his constituency. Denigrating parents based on weight and personal appearance makes Cote untrustworthy as a school board member obligated to be responsive to parental concerns. He also announced he would not run for re-election. to the board. He got that right, at least.

His apology, however, was ridiculous: he embraced the Pazuzu excuse, in which someone who says something horrible claims that he was somehow not responsible for the words that cane out of his mouth, as when Linda Blair served as the ventriloquist dummy for the demon Pazuzu in “The Exorcist.” Cote emailed an apology to parents:

“I would like to apologize for my choice of words after the close of the board meeting on April 8, 2014, which are regretful. My words were inappropriate and do not reflect my feelings or attitudes. I will strive to regain the trust and respect of the community.”

Interesting!

1. If the words didn’t reflect his feelings, whose feelings do they reflect? Of course they are his feelings. Why would he say something completely alien to what he thinks…unless…it was the demon Pazuzu!!!

2. It wasn’t his choice of words, it was what his choice of words expressed. Is there a choice of words that would be a, kind, civil, respectful and acceptable way to say the parent gets fatter every meeting?

3. The words may have been regrettable, but they were not “regretful.” Maybe finding  a literate, English-speaking head of the school board is an idea whose time has come.

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Pointer and Facts: ABA Journal

 

 

On Lawyers, Jerks, and Ethics Blog Comment Malpractice

/ Jack Marshall / 20 Comments
Marilyn Ringstaff, an excellent and much-admired lawyer who has a some friends who need to learn how to write ethical blog comments...

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…

In 2011, I posted this story and commenary:

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”

Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”

The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading →

Noted: A Familiar Debate Over At Slate

/ Jack Marshall / 9 Comments

battle-marvel

Those who participated in the epic, star-studded battle in February here, led by the departed Bruce Bartup, over what are acceptable levels of intensity and personal attack on Ethics Alarms, will experience some nostalgia reading this debate on Slate about the website’s policies. My favorite line: “…if someone is a dick, and we’ve explained that he’s a dick, why shouldn’t we also call him a dick? He’s earned it!”

If you missed Bruce’s Lament and the terrific donnybrook it generated (sadly, Bruce took his bruised feelings and went home to the British Isles, though I urged him to persevere) can read his Comment of the Day and the responses to it here.

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Graphic: kiss my wonder woman

Ted Nugent Ethics, Part I: The Ted Nugent Rule

/ Jack Marshall / 13 Comments

Ted-Nugent

This is really simple. From this point on, any one who intentionally gives Ted Nugent a public forum  is to be considered irresponsible regardless of what Nugent says, and accountable for whatever offensive garbage he does say.

Nugent’s uncivilized and hateful description of the President of the United States as a “sub-human mongrel” set this rule in stone. Anyone who wants to argue   that the Ted Nugent Rule should apply retroactively to Republican Texas Attorney General Greg Abbott, who foolishly allowed Nugent, with  his already wretched record of making uncivil, vicious, and obnoxious statements unfit for civilized public discourse, to represent his campaign for Governor  will get no argument from me.

The rule also applies to talk show hosts or interviewers seeking to goad Nugent into making inflammatory statements that they can use to generate controversy and discredit those who agree with any of Nugent’s political positions, based on the flawed theory that all  opinions held by an idiot must be idiotic.  Sorry: if you let Ted Nugent speak under circumstance where his words will be broadcast, reported or put into print, you are as responsible for the resulting carnage as he is, an accessory to outrageous and destructive incivility.

A good argument could be made for Nugent-like rules for some other prominent flame-throwers, like Bill Maher, Donald Trump and Ann Coulter, but that is for another day. As for Nugent, he is like the party guest who repeatedly arrives drunk, molests your teenage daughter and throws up on the couch. He’s persona non grata, and has forfeited the privilege of being invited to any more parties, because he can’t be trusted not to ruin them for everybody else.